John Wood, Plaintiff in Error v. the People of the State of New York, Defendants in Error

Summary

The New York Court of Appeals reversed the conviction, holding that an indictment for the aggravated offense must allege both the prior conviction and the manner of discharge required by statute, and that the prosecution, not the defendant, bears the burden of proving the discharge. Because the indictment omitted a specific allegation of discharge and the prosecution failed to prove it, the conviction was invalid and a new trial was ordered.